Summary On 17 September 2006 at about 0910 Newfoundland daylight time, the fishing vessel Lannie & Sisters II, with two crew members on board, departed Lushes Bight, Newfoundland and Labrador, destined for Ming's Bight, Newfoundland and Labrador, in good weather conditions. While crossing Notre Dame Bay, the vessel took on water and was located partially submerged the next day. The body of one crew member was recovered, and the other crew member remains missing and is presumed drowned. Ce rapport est galement disponible en franais. Other Factual Information Particulars of the Vessel Description of the Vessel The Lannie & Sisters II was a small fishing vessel of the Cape Island design, constructed of moulded, glass-reinforced plastic, with the wheelhouse and accommodation forward, the engine room beneath the wheelhouse, and the work deck aft (see Photo 1). Access to the wheelhouse was through a hinged door on the port side. Access to the engine room was through a hatch located in the wheelhouse. A portable gasoline-powered generator was stowed on top of the wheelhouse. Photo1.The Lannie & Sisters II, post salvage There were two very high frequency (VHF) radios and a cellular telephone on board, all of which were powered by the ship's battery. The owner of the Lannie & Sisters II purchased the vessel in the spring of 2004 and made modifications, which included the following: extending the wheelhouse aft; raising the main deck 16 inches at the stern with a gradual slope toward the wheelhouse, where it was only raised a few inches; and adding stiffeners measuring 4 inches by 4 inches in the bow section of the hull. There was one freeing port at the forward end of the main deck on the starboard side. There were two freeing ports on the port side-one at the forward end of the main deck, and one on the forecastle. In all cases, the freeing ports were roughly cut by hand with the cut extending into the hull (see Photos2 and 3). The vessel was used for sealing and purse seining for mackerel. History of the Voyage The Lannie & Sisters II, with a crew of five, departed Fleur de Lys, Newfoundland and Labrador, on 15 September 2006 at about 16002 for an overnight mackerel fishin trip. At about 0030 the next day, the captain was told by the owner, who was fishing on another vessel, to take the vessel back to port as the entire crew's employment had been terminated. The crew sailed the Lannie & Sisters II to Fleur de Lys, where two crew members disembarked. At the same time, they dropped off a 3.3m boat. The vessel with the remainder of the crew members departed for the 60nautical mile (nm) trip across Notre Dame Bay to Lushes Bight (see Appendix A). Upon their arrival at Lushes Bight at 2130 on 16September 2006, the following equipment was removed: all personal flotation devices (PFDs) one immersion suit gas for the portable generator 12 distress flares The Lannie & Sisters II had an external stuffing box for the propeller shaft that had been leaking for some time and getting progressively worse (see Photo 4). The crew members connected the vessel to shore power in Lushes Bight, so that the bilge pump would not drain the battery after they went home. Photo4.Leaking stuffing box after vessel recovery On the evening of 16 September 2006, the owner made arrangements for a new crew of two persons (hereafter referred to as the delivery crew, with the original crew referred to as the fishing crew) to sail the Lannie & Sisters II to its home port of Ming'sBight, 57nm away. Two of the fishing crew met the delivery crew on the morning of 17 September 2006. At this time, the delivery crew was informed of the steady ingress of water coming from the stuffing box and the problems with the vessel's transmission. They were shown where the activation switch for the bilge pump was located. It is unclear whether they were made aware that the lifejackets and PFDs had been removed. After a short conversation, the delivery crew sailed at about 0910, heading for Ming'sBight. At the time of departure, the vessel had a starboard list of about five degrees, at least partly due to a mackerel seine on the starboard side of the main deck. The winds were northerly at 5 to 10 knots with slight seas, and the skies were clear. The delivery crew captain of the Lannie & Sisters II entered into communication, via VHF radiotelephone, with another fishing vessel at about 1100, and reported that all was well and they were making good time. Their estimated time of arrival at Ming's Bight was between 1630 and 1700. At 0004 on 18 September 2006, the owner of the Lannie & Sisters II, who was on another vessel at the time, contacted Marine Communications and Traffic Services (MCTS) at St. Anthony , Newfoundland and Labrador, and reported the Lannie & Sisters II overdue. Two Canadian Coast Guard (CCG) search and rescue (SAR) vessels, SAR aircraft, and various small fishing vessels in the area were tasked with the SAR operation. Four fishing vessels arrived on scene between 0130 and 0215 to partake in the search, and the first SAR aircraft arrived at 0250. The vessel was discovered partially submerged at 0931 on 18 September 2006, in position 4950'42" N, 05516'00" W, by SAR resources (see Photos 5 and6). A SAR fixed-wing aircraft spotted the body of the delivery captain at 1642 on September 18, and it was subsequently recovered by a SAR vessel. The other crew member is still missing and presumed drowned. The CCG towed the swamped vessel to Triton, Newfoundland and Labrador, where it was subsequently pumped out and lifted ashore. Although the vessel was equipped with two VHF radiotelephones and a cellular telephone, no distress messages were received. Photo5.Search and rescue activities Weather Conditions The visibility in the area, as reported by another vessel and observations made at a coastal station at Badger, Newfoundland and Labrador, was good with winds southwest/west-southwest at 5to 15knots. Air temperature during the day on 17September 2006 was between 11C and 18C. Certification and Experience Certification The Lannie & Sisters II, with a gross tonnage of less than 15, was not required to have a crew with marine certificates or any type of navigational training. Neither the owner nor the delivery crew had any formal navigation training, certificates, or marine emergency duties (MED) training. The captain of the fishing crew held a Fishing Master, Fourth Class certificate and was the only member of the fishing crew to hold a MED certificate. Revisions to the Canada Shipping Act in1997 made MED training compulsory for fishers. Due to the scope of implementation, the requirement to be registered for a MED course was postponed until 01April 2008. Experience The captain of the delivery crew had been a fisherman for about 20years. The deckhand had fished for about 10years, but had not done so in the last 12years. On several occasions, the captain had transferred the Lannie & Sisters II between docks in the same harbour. However, neither he nor the deckhand had ever been on board during an extended voyage and neither was fully familiar with the vessel's operating systems. Similarly, the captain of the fishing crew and the vessel owner each had over 20 years of fishing experience. In addition to the Lannie & Sisters II, the owner owned a Transport Canada (TC)-inspected fishing vessel that he operated himself with a different crew. Lifesaving Equipment The Lannie & Sisters II was not required to be fitted with a liferaft. The Lannie & Sisters II towed a speedboat behind it while under the command of the fishing crew; however, because it belonged to the fishing captain, it was not available to the delivery crew. This light boat was put ashore in Fleur de Lys and it too was unavailable to the delivery crew. Regulations3 required the vessel to carry: a lifejacket for each person aboard; a watertight can with six approved self-igniting flares; and a lifebuoy with 27 m of line. The fishing crew members provided their own PFDs while the crew was on board, but removed these from the vessel upon arrival in LushesBight. It was reported that there were no PFDs or lifejackets on board at the time of the occurrence, and it is unknown whether the delivery crew was aware of this. Although immersion suits were not required by regulation, the captain of the fishing crew provided his own, and there were none aboard at the time of the occurrence. The captain of the fishing crew also provided his own flares while at sea, but removed them from the vessel in LushesBight. There were six parachute flares and six hand-held flares on board at the time of the occurrence; however, they had expired six years earlier, in July2000. Moreover, the flares were wrapped in black electrical tape and not kept in a watertight container. They were stowed in a cabinet under the steering console. The Lannie & Sisters II was not equipped with an emergency position-indicating radio beacon (EPIRB), nor was it required to carry one. There was one lifebuoy on board at the time of the occurrence. Vessel Maintenance/Upkeep In May 2006, the stuffing box, which was located on the exterior of the hull, developed a severe leak and the vessel went into drydock for repairs. The stuffing box began leaking again at some point after the drydock. The propeller had been in a damaged condition before the fishing crew took over the vessel in July 2006. The blades were distorted, which caused a vibration that made the leak progressively worse. The owner, the fishing crew, and the delivery crew were all aware that the Lannie & Sisters II was taking on water through the stuffing box. Upon recovery, the vessel had no name, licence number, or port of registry displayed on its hull; water was observed pouring from the stuffing box (see Photo 4); the freeing ports were holes cut into the bulwark, with no flaps to prevent water ingress; and there was no freeing port on the starboard side aft. There were numerous pumps on board the vessel, but many were unusable at the time of the occurrence. These included: a 3700-gallon-per-hour Rule pump located beneath the fish hold; a 2000-gallon-per-hour Mayfair pump. On 14 September 2006, the discharge hose on the Mayfair pump became tangled with the main shaft and parted, rendering the pump unserviceable. The hose was not repaired; a bilge pump located in the engine compartment. This pump's discharge hose was not connected to an overboard discharge and was thus unusable; an electric sump pump that ran off a portable generator. There was no gasoline on board, also rendering this pump unusable; and a washdown pump, used mostly for pumping seawater on board. The pump could be changed to pump water overboard by means of a T-switch in the engine compartment. The Rule pump was the only operating bilge pump that was connected to an automatic float switch. The wiring on the float switch was connected to the pump by a twist of the wires and electrical tape. The wiring from the pump to the battery was connected by plastic wire nuts. There were two batteries in the engine compartment, both on the bottom of the bilge. The power switch to the pump was a household light switch and was located behind a door on the steering console in the wheelhouse. It could be accessed by opening the door and reaching inside the console, but it was not visible. There was another household light switch near the pump switch that was not connected to anything. There was no high level bilge alarm on board, nor was one required by regulation. Other maintenance and upkeep items included: hand-cut freeing ports with irregular-shaped cuts that extended into the hull; scorched plywood surrounding the cooking stove, including an area that was burned through to the outside; instances of using household wiring and switches, rather than marine grade; flexible hoses for the bilge pump joined by a hose clamp without a proper connector between them; damaged propeller blades; and a transmission that was reported to be exhibiting signs of wear. Inspection of Small Fishing Vessels As a small fishing vessel with a gross tonnage not exceeding 15, the Lannie & Sisters II was subject to the requirements of Part II of the Small Fishing Vessel Inspection Regulations (SFVIR). Therefore, there was no requirement for a periodic inspection by TC. Under the proposed regulatory reform of the Canada Shipping Act (Canada Shipping Act, 2001), the proposed Fishing Vessel Safety Regulations will require all fishing vessels over 9 m in length to have an annual self-inspection to determine compliance with the regulations and report the results to the Minister of Transport. Vessels 9 to 15 m in length will require an initial TC inspection.